ORS 676.200
Board participation in program
- rules
(1)
Intentionally left blank —Ed.(a)
A health profession licensing board that is authorized by law to take disciplinary action against licensees may adopt rules opting to participate in the impaired health professional program established under ORS 676.190 (Establishment of program) and may contract with or designate one or more programs to deliver therapeutic services to its licensees.(b)
A board may not establish the board’s own impaired health professional program for the purpose of monitoring licensees of the board that have been referred to the program.(c)
A board may adopt rules establishing additional requirements for licensees referred to the impaired health professional program established under ORS 676.190 (Establishment of program) or a program with which the board has entered into a contract or designated to deliver therapeutic services under subsection (1) of this section.(2)
If a board participates in the impaired health professional program, the board shall establish by rule a procedure for referring licensees to the program. The procedure must provide that, before the board refers a licensee to the program, the board shall ensure that:(a)
An independent third party approved by the board to evaluate alcohol or substance abuse or mental health disorders has diagnosed the licensee with alcohol or substance abuse or a mental health disorder and provided the diagnosis and treatment options to the licensee and the board;(b)
The board has investigated to determine whether the licensee’s professional practice while impaired has presented or presents a danger to the public; and(c)
The licensee has agreed to report any arrest for or conviction of a misdemeanor or felony crime to the board within three business days after the licensee is arrested or convicted.(3)
A board that participates in the impaired health professional program shall review reports received from the program. If the board finds that a licensee is substantially noncompliant with a diversion agreement entered into under ORS 676.190 (Establishment of program), the board may suspend, restrict, modify or revoke the licensee’s license or end the licensee’s participation in the impaired health professional program.(4)
A board may not discipline a licensee solely because the licensee:(a)
Self-refers to or participates in the impaired health professional program;(b)
Has been diagnosed with alcohol or substance abuse or a mental health disorder; or(c)
Used controlled substances or cannabis before entry into the impaired health professional program, if the licensee did not practice while impaired. [2009 c.697 §1a; 2012 c.2 §2; 2013 c.367 §3; 2017 c.21 §66]
Source:
Section 676.200 — Board participation in program; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors676.html.
Up to date